The case revolves around the September killing of Eric McMillan, 19. Brothers Matthew R. Wells II, 27, and James Wells, 25, both of Seattle, have been charged with first-degree murder and conspiracy. Six of the witnesses called to testify during the grand jury investigation — most of them part of the Wells family — were later charged with perjury.

The defense argued last month that several statements in the grand jury transcripts suggested jurors may have voted in favor of the indictments because the defendants are black.